Character of
Property:
A residence has been demolished from Parcel 15 E and the site is
currently used as a parking area. Parcel 15D contains the existing Flow
Auto dealership.

Use of Surrounding
Properties: The subject property
is surrounded by commercial uses. Car dealerships occupy the adjacent
parcels and the site across the street, as well as several other sites
along the corridor.

Factors Favorable:

Motor vehicle
sales use is a by-right use in the Highway Commercial District.

2.The
ARB had no objection to the proposed use, with conditions.

3.No
detrimental impacts to the entrance corridor are anticipated, as
recommended by ARB.

Factors Unfavorable:

There are no
unfavorable factors.

RECOMMENDATION:
Staff
recommends approval with conditions.

STAFF
PERSON: Margaret
Maliszewski

PLANNING COMMISSION
DATE: January 15, 2008

BOARD OF SUPERVISORS
DATE: February 6, 2008

ZONING CATEGORY/GENERAL
USAGE: HC -
Highway Commercial - commercial and service uses and residential use by
Special Use Permit (15 units/acre); EC Entrance Corridor Overlay District
- overlay to protect properties of historic, architectural or cultural
significance from visual impacts of development along routes of tourist access.

LOCATION:
1307-09 and 1313 Richmond Road, south side of Route 250 East, approximately
1060' east of Riverbend Drive

TAX MAP/PARCEL:
78/15E and 78/15D

MAGISTERIAL DISTRICT:
Rivanna

CHARACTER OF THE AREA

One of the two parcels
associated with this request (parcel 15D) contains the existing Flow Auto
dealership. The adjacent parcel to the west (parcel 15E) was previously the
site of a residence. That house was demolished in 2004.

The surrounding area
consists primarily of retail uses, with this immediate stretch of Rt. 250 East
consisting primarily of auto dealerships. The subject parcel is located on the
south side of the road, adjacent to the Brown Toyota dealership (to the east)
and across the street from Battlefield Ford. (See Attachment A for a location
map.) To the west of the site is the Crown BMW dealership. Other auto dealers
in the area include Dennis Enterprises, Kia, CarMax, Brown Mercedes, and Free
Bridge Auto. The ACSA headquarters and equipment storage is located to the south
of the site.

SPECIFICS OF THE PROPOSAL

This proposal includes the
addition of 71 vehicle display spaces on parcel 15E (see Attachment B), with
associated landscaping (see Attachment C), lighting and related site
improvements. The proposal also includes the establishment of parking, including
29 display parking spaces, on parcel 15D (the site of the existing dealership),
together with landscaping improvements and other associated site work.

The special use permit
requirement for the outdoor sales and display use is to allow for review of the
potential impacts of the sales and display activity on the Entrance Corridor.
Other activities related to the auto sales use are considered by-right. The ARB
has reviewed this proposal for its impact on the Route 250 East Entrance
Corridor and had no objection to the request for the Special Use Permit with
standard conditions related to landscaping, lighting and method of display. (See
Attachment D for the ARB’s action.)

PLANNING AND ZONING HISTORY

SDP-271: Pantops Toyota:
On May 5, 1969 a site plan was approved for a Toyota Sales Building on what is
now parcel 15D.

SP-2004-50: Flow Auto:
A Special Use Permit (SP-2004-50) for sales and display was approved for parcels
15D and 15E on May 2, 2007. That proposal included a new showroom on parcel 15E.
The applicant has since chosen not to pursue the new showroom and to pursue only
additional parking on parcel 15E. The approval of the 2004 request was subject
to conditions similar to those being recommended for the current request.

SDP-2006-127: Flow Auto:
A site development plan was submitted for a new auto dealership building on
parcel 15E that was associated with SP-04-50. The SDP was withdrawn.

There have also been
numerous sign permits and ARB applications for this site. ARB-07-21, reviewed on
March 19, 2007, is a proposal to construct an addition to the existing Flow
dealership building on parcel 15D. That addition is illustrated on the Special
Use Permit plans, but is not the subject of this SP request or review.

CONFORMITY WITH THE COMPREHENSIVE PLAN

Land Use Plan-

The property is located in
the Pantops Development Area (Neighborhood 3), and is designated Regional
Service in the current Land Use Plan. The purpose/intent of the Regional Service
designation noted in the Plan is to provide locations for highway related uses,
comparison shopping and specialized goods and services. Typical primary uses
include
regional-scale commercial uses,
and auto dealerships that typically include outdoor storage and display of
vehicles for sale.

Neighborhood Model-

The ordinance limits the
review of this Special Use Permit specifically to the impacts of the sales and
display activities on the Entrance Corridor. Therefore, this request is not
reviewed for conformance with the Neighborhood Model.

STAFF COMMENT

Staff will address each
provision of Section 31.2.4.1 of the Zoning Ordinance as follows:

31.2.4.1: Special Use
Permits provided for in this ordinance may be issued upon a finding by the Board
of Supervisors that such use will not be of substantial detriment to adjacent
property, and that the character of the district will not be changed thereby,

The subject parcel is
located in the HC zoning district. The dominant character of the segment of the
Entrance Corridor in which the subject parcel resides is that of a dense
commercial strip. Many of the properties in this corridor have already been
developed as automobile dealerships with outdoor storage and display of vehicles
(as described above under “Character of the Area”). The proposed use is
compatible with other existing auto dealers in the immediate vicinity.

that such use will be in
harmony with the purpose and intent of this ordinance,

According to section 30.6 of
the Zoning Ordinance, the intent of the EC Overlay District is, in part, to
ensure a quality of development that is compatible with the County’s important
scenic, architectural and cultural resources through the architectural control
of development. The ARB has applied the County’s adopted guidelines for
development within the EC to the review of this request and has recommended
conditions of approval. (See Attachment D.)

with uses permitted by-right
in the district,

Although a special use
permit is required for the proposed modifications/additions to the outdoor sales
and display areas on these sites, this activity (sales/display area) is for an
accessory use to motor vehicle sales, which is already allowed by right within
the Highway Commercial (HC) zoning district. Other automobile dealerships exist
in the immediate vicinity. Therefore, the sales and display use is compatible
with other permitted and existing uses.

with the additional regulations provided in section 5.0 of this ordinance,

There are no additional
regulations provided in section 5.0 of this ordinance related to vehicle storage
or display.

SUMMARY

The intent of the special
use permit requirement is based on potential impacts to the Entrance Corridors.
The ARB has reviewed this proposal for its impact on the Route 250 East Entrance
Corridor and had no objection to the request for the Special Use Permit provided
the site is established in a manner consistent with the conditions recommended
by the ARB.

Staff has identified the
following factors that are favorable to this request:

A
motor vehicle sales use is a by-right use in the Highway Commercial District
and the proposed use is accessory to that use.

The Architectural Review Board has reviewed the request for outdoor storage
and display, had no objection to the request, and recommended conditions of
approval.

With the conditions recommended by the ARB, no detrimental impacts to the
Entrance Corridor are anticipated.

Staff has identified no
factors that are unfavorable to this request.

The following factors are
relevant to this consideration:

There are several automobile dealerships with outdoor sales/display of
vehicles in the immediate vicinity along the Route 250 East Entrance
Corridor.

RECOMMENDED ACTION:

Based on the findings
contained in this staff report, Staff recommends approval of this special use
permit with the following conditions:

1.Vehicles shall
not be elevated anywhere on site.

2.Vehicles shall
be displayed only in areas indicated for display shown on the plan entitled
“Flow Automotives”, identified as Sheet 3, prepared by Collins Engineering, with
revision date of 12/18/07. Display parking shall be only in designated striped
parking spaces, as identified on this plan. No parking shall occur in travelways.

3.Final site
plan approval is subject to ARB approval of the lighting plan (submitted with
the site plan). Maximum light levels on site shall not exceed 30 footcandles.

4.Final site
plan approval is subject to ARB approval of the landscape plan (submitted with
the site plan). Landscaping shown on the plan willbe required to be in
excess of the minimum requirements of ARB guidelines and/or the Zoning Ordinance
to compensate for the negative visual impact of the proposed use, including but
not limited to the use of larger caliper trees, additional evergreen shrubs and
continuous interior planting islands.

5.Final site
plan approval is subject to the recordation of easements for ingress/egress and
for the installation, maintenance and use of planter islands and landscaping on
adjacent parcels (Tax Map 78, Parcels 15, 15D and 15E).